The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unhued and unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant may be found to have been sentenced to six months of imprisonment with labor at the Incheon District Court for the crime of interference with business, etc. on December 20, 2018 and the judgment became final and conclusive on December 28, 2018.

The crime of interference with business and the crime of interference with business, etc., of which judgment has become final and conclusive with respect to the defendant, shall be sentenced to punishment in consideration of equity with the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.

[C] The summary of the facts constituting an offense and evidence admitted by this court is as follows: “The defendant was sentenced to six months of imprisonment by the Incheon District Court for the obstruction of business, etc. on December 20, 2018 and the judgment became final and conclusive on December 28, 2018” in the first head of the facts constituting an offense and the summary of the evidence, except for the addition of “the investigation report (ex post facto concurrence)” as stated in the judgment of the court below, and it is identical to the corresponding column of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse (the reasonable circumstance) is that the defendant led to confession and reflects the crime of this case.

The degree of damage is not serious, and it was agreed with the victim.

The equity between the crime of interference with business, etc. of which judgment has become final and conclusive and the case at the same time shall be considered.

[Unjustifiable circumstances] The defendant is in the same kind.